Day 1 - Thursday, January 26, 2017

8:30
Registration, Refreshments and Networking
9:00
Chair’s Opening Remarks
9:10
Regulation of International Arbitration and Recent Reforms of Arbitral Proceedings in Russia
9:40
Forum Competition and Choice of Arbitral Institutions
10:30
Refreshments and Networking
11:00
Investment Treaty Claims involving Russia and CIS States
12:00
Enforcing Interim Orders
12:30
Networking Luncheon
1:30
Challenges to Awards and Recognition & Enforcement of Foreign Arbitration Awards and Final Judgements in Russia and CIS
2:30
Using Cyprus Courts to Resolve Russian and CIS Disputes
3:00
Refreshments and Networking
3:30
Spotlight on Russia and CIS Energy Disputes
4:00
Focus on International Sport Related Disputes involving Russian Parties
4:30
Litigation and Arbitration Third Party Funding
5:30
Conference Adjourns Networking Drinks

Day 2 - Friday, January 27, 2017

8:30
Refreshments and Networking
9:00
Chair’s Remarks
9:15
Managing Disputes and Controlling Costs
10:00
Update on EU sanctions on Russia: What’s in the Pipeline
10:30
International Asset Recovery: Tools and Techniques Available to Assist with Fraud Investigations
11:30
Refreshments and Networking
12:00
Moving towards Extradition to Russia and CIS: The Latest Decisions on UK-Russia Cases
12:30
Offshore Essentials: What can and can’t be Done post Panama Paper Leaks
1:00
Resolving Disputes Arising from Cross-border Bankruptcies and Restructurings
1:45
Networking Luncheon

Post-Conference Workshop

POST-CONFERENCE ARBITRATION MOOT

Jan 27, 2017 1:30pm – 4:30pm

Speakers

Moot Facilitators:

Dominic Pellew
Partner
Dentons (London-Moscow)

Sole Arbitrator:

Roman Khodykin
Partner, International Arbitration
BLP (London)

Day 1 - Thursday, January 26, 2017

8:30
Registration, Refreshments and Networking
9:00
Chair’s Opening Remarks

Dominic Pellew
Partner
Dentons (London-Moscow)

Name TBC, BDO

9:10
Regulation of International Arbitration and Recent Reforms of Arbitral Proceedings in Russia

Vladimir Khvalei
Partner
BakerMcKenzie (Moscow)
Chairman of the Board at Russian Arbitration Association (Moscow)

  • New Law on Arbitration in Russia; civil procedure and other legal regulatory changes
  • Administering corporate disputes and managing arbitration proceedings seated in Russia
  • Licencing and certification of foreign arbitration institutions
  • Introducing the concept of court assistance to the arbitration
  • Procedural issues and challenges
  • Recent changes to mandatory norms governing arbitrability of corporate disputes in Russia

9:40
Forum Competition and Choice of Arbitral Institutions

Maria Hauser-Morel
Counsel, International Court of Arbitration
International Chamber of Commerce (Paris)

Manfred Heider
Secretary General
Vienna International Arbitral Centre (Vienna)

Andrew Henshaw QC
Brick Court Chambers (London)

Moderator

Maria Theresa Trofaier
Senior Of Counsel
DLA Piper (Vienna)

Name TBC LCIA (London)

  • Overview of the Russian and CIS disputes in Western arbitration institutions, including those registered in the EU
  • Ensuring neutrality of arbitral institutions and addressing the impartiality and independence concerns of Russian/CIS users
  • What does the future hold for London as an arbitration venue post-Brexit: Implications for Russian and CIS London-seated arbitrations?
  • What to consider when choosing governing law and jurisdiction clauses in commercial contracts
  • The future of Asian arbitration centres as a place to resolve Russian and CIS disputes

10:30
Refreshments and Networking
11:00
Investment Treaty Claims involving Russia and CIS States

Natalia Petrik
Legal Counsel
Arbitration Institute of the Stockholm Chamber of Commerce (Stockholm)

Vladimir Khvalei
Partner
BakerMcKenzie (Moscow)
Chairman of the Board at Russian Arbitration Association (Moscow)

Boris Kasolowsky
Partner
Freshfields Bruckhaus Deringer LLP (Frankfurt)

Moderator

David Goldberg
Partner
White&Case (London)

  • Arbitration involving CIS states and state-owned enterprises: Developments in 2016
  • How effective is investment treaty arbitration for protecting the interests of investors and enhancing their chances of proving jurisdiction of the arbitral tribunal?
  • The scope of arbitrable disputes in the relevant Russia-Ukraine BIT or other international instruments
  • Spotlight on Crimea related disputes
  • Recent cases related to the use of emergency arbitration provisions

12:00
Enforcing Interim Orders

Roman Khodykin
Partner, International Arbitration
BLP (London)

  • Bringing criminal proceedings in England for breach of court injunctions
  • Enforcing court interim orders issued in the country where the order is issued or in Russia or elsewhere
  • Enforcing arbitral interim orders
  • Enforcing peremptory orders in the English court

12:30
Networking Luncheon
1:30
Challenges to Awards and Recognition & Enforcement of Foreign Arbitration Awards and Final Judgements in Russia and CIS

Alexei Panich
Partner, Dispute Resolution
Herbert Smith Freehills (Moscow)

William R. Spiegelberger
Director of International Practice Department
RUSAL Global Marketing B.V. (Moscow)

Alexei Dudko
Partner, Dispute Resolution
Hogan Lovells (Moscow)

  • Enforcement statistics (enforcement rates by origin of award and by average quantum)
  • Reasons and obstacles for non-enforcement
  • Arbitrating against Non-signatories: Recent case law on non-signatories in the context of challenging, recognition and enforcement

2:30
Using Cyprus Courts to Resolve Russian and CIS Disputes

Costas Stamatiou
Advocate / Partner
Andreas Neocleous & Co LLC

3:00
Refreshments and Networking
3:30
Spotlight on Russia and CIS Energy Disputes

Ginta Ahrel
Senior Associate
Advokatfirman Lindahl KB (Stockholm)

 

  • Price terms of the long-term Russian gas supply contracts and potential impact on competition law
  • Arbitration proceedings against the Russian energy companies
  • Energy disputes in the wider context major global industry changes
  • Benefits of arbitration in energy disputes

4:00
Focus on International Sport Related Disputes involving Russian Parties

Dmitry A. Pentsov
Attorney at Law, Partner
FRORIEP SA (Geneva)

  • Overview of legal issues in Russia-related doping cases in connection with the 2016 Olympic and Paralympic Games in Rio de Janeiro
  • The concept of “natural justice” in the decisions of the International Olympic Committee and the jurisprudence of the CAS
  • Individual rights of athletes and para-athletes and the limits of autonomy of international sport governing bodies
  • Appeals of the CAS awards to national courts

4:30
Litigation and Arbitration Third Party Funding

Eva Kalnina
Counsel
Lévy Kaufmann-Kohler (Geneva)

Daniel Greineder
Partner
Peter & Partners Int'l Ltd. (Geneva)

Laurence Ponty
Lawyer
Lalive (Geneva)

  • Analysing the latest trends in third party litigation funding
  • Funding of international arbitration cases related to CIS parties: Practical tips on how to put a successful funding package
  • What to be aware of amid recent rows related to infringement of champerty and maintenance
  • Practical examples and real-life scenarios

5:30
Conference Adjourns Networking Drinks

Day 2 - Friday, January 27, 2017

8:30
Refreshments and Networking
9:00
Chair’s Remarks

Justin Harvey-Hills
Partner
Mourant Ozannes (Jersey)

9:15
Managing Disputes and Controlling Costs

Evgenia Loewe
Head of Foreign Litigation Department
RENOVA Management AG (London)

Artem Doudko
ARLA (London)

Andrew Maclay
Principal
BDO London (London)

Moderator

Dominic Pellew
Partner
Dentons (London-Moscow)

  • How outside and in-house counsel can interact effectively
  • Factoring how legal fees are being structured into law firm selection and evaluation
  • What innovative measures do counsel want their advisers to take in respect to case management?
  • Innovative solutions to address your eDiscovery and data security needs
  • Procedural devices and techniques to control costs (security for costs; offers to settle; split advances)
  • Lessons to learn from English litigation

10:00
Update on EU sanctions on Russia: What’s in the Pipeline

Maya Lester QC
Barrister
Brick Court Chambers (UK)

10:30
International Asset Recovery: Tools and Techniques Available to Assist with Fraud Investigations

Alexei Panich
Partner, Dispute Resolution
Herbert Smith Freehills (Moscow)

Simon Bushell
Partner
Signature Litigation LLP (London)

Saverio Lembo
Head of White Collar Crime and Dispute Resolution Practice
Bär & Karrer AG (Geneva)

Moderator

Alessandro Volcic
Managing Director, Head, Russia & CIS
Investigations and Disputes, EMEA

Kroll (Moscow)

A multijurisdictional panel of top experts will discuss tips and traps for investigating, tracing and recovering assets in a variety of jurisdictions. This interactive panel will share insights and experiences from real life cases they have been involved in.

  • Specific litigation issues to be aware of when recovering assets and obtaining judgments
  • How to work effectively with experts in asset recovery litigation
  • What search orders are available for asset searched in the various jurisdictions and how are they obtained?
  • Accessing bank account data
  • What court applications need to be made and how quickly can you get an injunction?
  • What disclosure orders are available and how quickly can you get them?
  • Maximising asset recovery with the procedures available
  • The latest claims by the Russia authorities

11:30
Refreshments and Networking
12:00
Moving towards Extradition to Russia and CIS: The Latest Decisions on UK-Russia Cases

Alexei Dudko
Partner, Dispute Resolution
Hogan Lovells (Moscow)

Limited speaking opportunities are open for this session. Please contact Anita Arthur at a.arthur@c5-online.com for details.

  • Overview of the extradition requests from Russia and CIS countries
  • An update on the status of negotiating extradition arrangements with the UK and EU member states
  • Will English or other European courts extradite to Russia and CIS? When can a successful extradition case be expected?
  • Potential significances and consequences of the latest decisions

12:30
Offshore Essentials: What can and can’t be Done post Panama Paper Leaks

Justin Harvey-Hills
Partner
Mourant Ozannes (Jersey)

Mathew Cook
Counsel
Mourant Ozannes

  • Focus on the legal and court systems, companies, funds and trusts, interim relief and injunctions, enforcement, asset tracing and insolvency

1:00
Resolving Disputes Arising from Cross-border Bankruptcies and Restructurings

Elena Mokhova
Associate Professor of Private International Law
Russian State University of Justice under The Supreme Court of the Russian Federation (Moscow)

Alexey Sinitsin
Director, Transaction Support
BDO Russia (Moscow)

  • Cross-border insolvency recognition issues
  • What legal actions are available against distressed businesses in Russia and CIS
  • Application of foreign insolvency law
  • Claims by liquidators
  • Insolvency litigation

1:45
Networking Luncheon

POST-CONFERENCE ARBITRATION MOOT

Jan 27, 2017 1:30pm – 4:30pm

Moot Facilitators:

Dominic Pellew
Partner
Dentons (London-Moscow)

Sole Arbitrator:

Roman Khodykin
Partner, International Arbitration
BLP (London)

What is it about?

About the Moot:
This highly practical and interactive Arbitration Moot has been designed to be of particular relevance to legal practitioners involved in Russian and CIS disputes. A case study of a London-seated arbitration will be distributed in advance to participants, including summaries of written submissions and witness statements. The Moot has two Facilitators and a Sole Arbitrator
Moot Structure:
At the beginning of the session participants will be divided into two teams:
  • One acting for the claimant
  • One acting for the respondent
In addition to that, volunteers will be allocated advocacy roles. Groups will be given a period of time to prepare, under the supervision of the Moderators.
The Moot will then take place before the Arbitrator, divided into three phases: PHASE 1: Oral opening arguments (claimant and respondent) PHASE 2: Cross-examination of the claimant’s and the respondent’s witness PHASE 3: Oral closing submissions The Arbitrator will render an “award” at the end outlining reasons for the decision